A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On November 6, 2010, the Defendant made a false statement to the effect that “on the face of lending KRW 20 million to the victim B, the Defendant would repay the money by the end of April 2011.”

However, at the time, the defendant did not have any intent or ability to repay the debt amounting to KRW 10 million or more, even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 20 million from the victim as the borrowed money on the same day.

2. On May 3, 2011, the Defendant: (a) called the victim’s phone calls to the effect that “the Defendant was unable to pay a fine or failing to pay a fine to be released from the prison in which he/she must be released from the prison; (b) he/she borrowed KRW 3 million from the victim, who was transferred KRW 3 million from the victim on the same day.”

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Written complaint and details of transactions in B;

1. Application of investigative reports (Submission of Suspected Materials) and copies of bankbooks Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution (The amount of profit is relatively smaller than 23 million won, the sum of 5,350,000 won is paid as interest, there is no previous conviction or more in the suspended execution due to fraud, and the detention of the defendant entails excessive difficulty to his dependants, etc.);

1. Articles 25 (1) and 31 of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;